Simpson v. Truesdale Hospital, Inc.

Exceptions overruled. Appeal dismissed. This is an action of tort to recover for the death of the plaintiff’s intestate alleged to have been caused by the defendant’s negligence. The defendant filed an “answer in abatement” setting up the defence that the defendant was a public charitable corporation and hence was not liable. After hearing evidence on this issue the judge sustained the “answer in abatement,” subject to the plaintiff’s exception. The plaintiff also appealed, but since the question raised is fully presented by the bill of exceptions there is no need to consider the appeal. Of…